SIMOL MURMU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is preferred against the Judgment of Conviction dtd. 31/7/2003 and order of sentence dtd. 1/8/2003 passed by the learned Additional District and Sessions Judge, FTC No.VI, Jmashedpur in S.T. No. 30 of 1997, arising out of Mango P.S. Case No.88 of 1996, corresponding to G.R. no.763 of 1996 whereby and wherein the accused appellant has been convicted for the offence punishable under Ss. 342/324/307/34 of the Indian Penal Code and further sentenced to undergo rigorous imprisonment for six months under Sec. 342/34 , three years under Ss. 307/34 of IPC and two years rigorous imprisonment under Ss. 324/34 of IPC and further directed to run all the awarded sentence concurrently.

(2.) The allegations against the appellant arose in the wake of the fardbeyan dtd. 13/4/1996 of informant Susanto Kumar Dutta who was the Manager of a Crusher Machine of Ashok Singh. He stated that on every Saturday, wages to labours were usually paid and on dtd. 13/4/1996 at about 3.30 pm, when the wages was paid to the labourers of the said Crusher, the accused-appellant Simol Murmu with Bhujali, Dilip Besra with Chaku (Knife) and Sushil Besra with lathi in their hands, surrounded the informant and started abusing him and Sushil Besra caught the hands of the informant from behind. The informant further stated that Dilip Besra and Simol Murmu assaulted the informant one after another by knife and 2 Cr. Appeal (SJ).1380 of 2003 bhujali by which the face and head of the informant got badly injured. Dilip Besra assaulted by knife on the eye and below the beard and Simol Murmu assaulted the informant on the temple and forehead upon which, the informant sustained injuries. It is further stated by the informant that when he tried to rescue himself from the clutches of the accused, then the bhujali of Simol Murmu fell on earth and the same was after taken by Sushil Besra who assaulted the informant on his shoulder by the said Bujali and at this time the informant tried to protect himself for which the informant got injured on his left palm of his hand.Then Munsi of the Crusher Satrughan Hansda, the driver Petho Murmu and Khalasi of the truck namely Budhram Murmu came and all of them caught him and then the accused persons fled away on Hulla and thereafter he was taken to hospital for the treatment.

(3.) On the basis of the aforesaid fardbeyan, FIR was lodged, the case was registered under Ss. 341/342/324/326/307/34 of IPC against the accused and investigation was taken up. After investigation, the police submitted the charge-sheet in this case, on the basis of which, cognizance of the offence was taken and the case was committed to the Court of Sessions.